Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

Chapter 3. Assessment Generally

Article 6. Assessment Roll

Section 620

620. Payment under protest. If the assessor does not send a notice pursuant to Section 619 or 621 to an assessee whose property was not on the prior year's secured roll, or to an assessee of real property on the local secured roll whose property's full value has increased, then the assessee may pay taxes under protest. If payments are made in installments, the protest need not be repeated with the second installment. Protests shall be made by filing with the clerk of the county board, a petition for assessment reduction on the form prescribed by the county board. The county board may, after receipt of the petition for assessment reduction, hold a public hearing at the next regular board meeting, notice of time and place of which shall be sent to the person paying the tax under protest at the address stated in the protest or if no such address is stated, then to the address of the assessee according to the last equalized assessment roll. If the taxes are so paid and the assessee has not previously applied for a reduction of the assessment, the county board, at its next annual meeting as an equalization board, shall equalize the assessment in the manner prescribed by Article 1 (commencing with Section 1601) of Chapter 1 of Part 3 of this division.

The tax rate fixed for property on the roll on which the property so equalized appears at the time of its original assessment shall be applied to the amount of the equalized assessment, determined in accordance with the preceding paragraph. In the event that the resulting figure is less than the tax computed, the taxpayer shall be liable for tax only for the lesser amount, and the difference shall be canceled. If the taxpayer has already paid the tax previously computed, the difference shall be refunded to him or her pursuant to Chapter 5 (commencing with Section 5096) of Part 9 of this division, as an erroneously collected tax.

If any taxes are paid under protest pursuant to this section, the taxing agency to which the taxes are paid may, in accordance with Section 26906.1 of the Government Code, impound those taxes until the final disposition of the claim or action respecting the protest. No impounding of taxes is required.

History.—Added by Stats. 1965, p. 4331, operative July 1, 1966. Stats. 1967, p. 2059, in effect July 11, 1967, substituted first sentence for previous one, and inserted the fourth sentence beginning "The county board may, . . ." Stats. 1968, p. 1119, in effect July 3, 1968, added "or to an assessee of real property on the local secured roll whose property's full cash value has increased." Stats. 1969, p. 1365, in effect November 10, 1969, added "or Section 622" in the first sentence of the first paragraph. Stats. 1970, p. 1074, in effect November 23, 1970, substituted "621" for "622" in the first sentence of the first paragraph, and substituted "of" for "," before "chapter" in the fifth sentence of the first paragraph. Stats. 1974, Ch. 311, p. 609, in effect January 1, 1975, substituted "full value" for "full cash value" in the first sentence of the first paragraph. Stats. 2011, Ch. 352 (SB 948), in effect January 1, 2012, deleted "Section" after "619 or" and substituted "the" for "such" after "increased, then" in the first sentence, substituted "clerk of the county board" for "tax collector, together with the payment of the taxes or their first installment" after "with the" and deleted ", which form the collector is to forward to the clerk if the county board with the notation that taxes were paid under protest pursuant to this section" after "county board" in the second sentence, deleted "from the tax collector" after "assessment reduction" in the third sentence, added a comma after "county board", and substituted ", shall equalize the" for "shall thereupon equalize such" after "equalization board" in the fourth sentence of the first paragraph; deleted "therefore" after "than the tax", substituted "the" for "such" after "previously computed," and added "or her" after "to him" in the first sentence of the second paragraph; and substituted "those" for "such after "Code, impound" in the first sentence and substituted "impounding of taxes" for "such impounding" after "No" in the second sentence of the third paragraph.